What is my recourse if the at-fault driver refuses to pay?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is my recourse if the at-fault driver refuses to pay?

About 3 months ago, my car was parked on the side of the road. A driver side-swiped it fairly bad before that driver rear-ended the parked car in front of mine. It costed my insurance about $7,500 to repair to my car. The at-fault driver does not have insurance and refuses to pay so I had to pay my deductible out of pocket and pay for my front bumper damage since I did not have proper pictures showing her car’s position in relation to my car and the car in front I only discovered my car was involved in an accident after the scene was cleared. Is there anything I could do to get my deductible/front bumper damage costs 1,100 back as well as have the at-fault driver pay for any lawyer/court fees associated?

Asked on May 15, 2017 under Accident Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the at-fault driver for damages caused to your car by their negligence. Depending on your state's small claims limit, you may be able to file there on your own. You are entitled to not only repair costs but also court and related fess/costs.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your recourse is to sue the at-fault party for negligence (for causing the damage to your car).
Depending on the amount you are seeking to recover in your lawsuit, you may be able to file in Small Claims Court.  There aren't any attorneys in Small Claims.  You represent yourself.
Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption